Covenant Regarding Real Property 2003-1265420
""R~~~RDING REQUESTt: ) , DOC f 2003-1265420
) OCT 15. 2003 9:15 AM
CITY OF POWAY )
) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) 10181 SAN DIEliO IlIUIffi' RECORDER'S OFFICE
) GRE6IRV J. SMITH, COUNTY RECORDER
CITY CLERK ) FEES: 38.00
CITY OF POWAY ) r~ IIIIII!III ~1~~!~!ll!IJ~~2~1'11111111111 iijlW
POBOX 789 )
POWAY CA 92074-0789 )
~ ,'~..,. .~.. "ILL. __..... ..1I1.1.~ .1.:tLJ.:_,,, " ,I "......~....~
)
f~ No Transfer Tax Due ) (This space for Recorder's Use)
\ '" <( APN: 277 -210-01 &02
\ l~ COVENANT REGARDING REAL PROPERTY
/'
.../'KM Holdings, LLC, PROPERTY OWNERS ("OWNERS" hereinafter) are the owners
of real property described in Exhibit A which is attached hereto and made' a part hereof
and which is commonly known as Assessor's Parcel Number 277-210-01 and 02
("PROPERTY" hereinafter) and more particularly described in Exhibit A. In consideration
of the approval of MCUP03~002, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit
of th,e future owners, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that MCUP 03"002 expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the
PROPERTY
In the event of'litigation to enforce the provisions ofthis Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNER: K ~ H-oldi" ,LLC
Dated: I" } ~ )0' BY'~':::::::'
~l(a~ (Notarize)
OWNER. .'
Dated By;
(Notarize)
CITY OF POWAY
Dated: /O'OQ'03 By' ~r
Niall Fritz, Ditector of Devel ent Services
M:\planning\D3report\mcup\03-002\cov.doc WIO-So) 1\~&L~6(j)1
e.:b e ,zjI
01-0228368
"
10182
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COuNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 64 AND 65 OF CITY OF POWAY TRACT NO. 89-13R, THE HERITAGE,
PHASE 1., UNIT 3 ,IN TJ-!E CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14143, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 12, 2001.
PARCEL 2:
NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, INSPECTION,
MAINTENANCE, REPAIR, DRAINAGE, ENCROACHMENT, SUPPORT AND FOR
OTHER PURPOSES, ALL'AS DESCRIBED IN THE DECLARATION, AND ANY
,
AMENDMENTS THERETO.
..
, CALIFORNIA ALL.~URPOSE ACKNOWLEDGMENT No. 5907
State of (If' .f,r::;., rUI 0-' 10183
County of ~ Y1 O'l{jo
On 101"1102:> before me, \11..,~''''' 0e>."JS.'.:::J, No t<>.V''') ("laLe...
DATE NAME, TITLE OF OFFICER E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared r Il. ~ ~~
NAME(S) OF SIGNER(S)
'S-personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
~ - - - -_ _ _ _ _ _ _ _ ~ signature(s) on the instrument the person(s),
,,~_.. 1 DAVIDSON or the entity upon behalf of which the
. CommiSSion # 1377738
~ >.. ~ Notary Public - Calitornia ~ person(s) acted, executed the instrument.
1 ' " Son Diego County f
, .. My Comm. Expires Oct I. 2006'
WITNESS my hand and official seal.
- \ c,jc~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable topersons relying on the document and could prevent
traudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE{S)
o PARTNER(s) 0 LIMITED
o GENERAL
o ATTORNEY-IN,FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIANICONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON{S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
,t)1993 NATIONAL NOTARY ASSOCIAT(ON. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
e' 10184 .
RESOLUTION NO. P- 03-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, eALlFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03-002,
A REQUEST TO CONSTRUCT A NEW LIGHTED TENNIS COURT
ONA RESIDENTAL LOT ON CYPRESS POINT
IN THE HERITAGE PLANNED COMMUNITY
ASSESSOR'S PARCEL NUMBER 277-210-01 and 02
WHEREAS, Minor Conditional Use Permit (MCUP) 03-002, was submitted by KM
Holdings LLC, Applicant, to ailowthe construction of a new lighted tennis court ona residential
lot located on Cypress Point in the Heritage Planned Community (PC) zone; and
WHEREAS, on September 2, 2003, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Poway,
California, as follows: .
Section 1 The City Council. finds that MCUP 03~002 is exempt from the provisions of the
California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuantto
Section 15303 of the CEQA Guidelines, in that it involves the construction of an accessory
structure for an existing single-family residence.
Section 2: The findir;Jgs, in accordance with Se<:;tion 1748070 of the Poway Municipal
Code, to approve MCUP 03-002, to allow the construction of anew lighted tennis court on a
residential lot on Cypress Point in the Heritage Planned Community, are made as foilows:
A. The design of the proposed tennis court lighting will meet the required lighting type,
height limit, and operating hours; and wiil otherwise comply with ail of the relevant
codes and standards of the.City of Poway The'proposed use is considered to be an
allowable accessory use in the zone, with the approval of a Minor Conditional Use
Permit. Therefore, the proposed location, size, design, and operating characteristics
of the proposed use are in accordance with the title and purpose of Section 17 48.070,
the purpose of the zone in which the site is located, the City General Plan, and the
development policies and standards of the City
B The location and design of the proposed tennis court lighting wiil not create a negative
visual impact on surrounding properties as it will be set back from the property
boundaries, wiil utilize low impact lighting fixtures; and the light poles will be softened
by landscaping. Therefore, the location, size, design, and operating characteristics of
the proposed use wiil be compatible with and will not adversely affect or be materiaily
detrimental to adjacent uses, residents, buildings, structures, or natural resources,
C The light standards are limited in number and size, and the project is located on a large
site, surrounded by other large sites. Therefore, the harmony in scale, bulk, coverage,
and density of the project is consistent with adjacent uses.
EXt-r\ls II B
. .
10185 Resolution No P-03-54
Page2
0 There are public facilities, services, and utilities available.
E. The IJroposed lighting will be directed within the project bounaaries and it will be
softened by landscaping to mitigate its visibility from the surrounding properties. The
lighting will further be 'shielded by screening on the tennis court fencing. Therefore,
there will be no harmful effects upon desirable neighborhood characteristics.
F The project is located on a large parcel, which allows adequate setback
to the tennis court lighting; approximately 30 feet from the nearest exterior property
line Therefore, the site is suitable for the type and intensity of use or development that
is proposed.
G. The project is limited in scope; therefore, there will be no significant harmful effects
upon environmental quality and natural resources
H. The proposed use is analloiNable accessory use in the PC zone Therefore, the
impacts, as described above, the proposed location, size, design, and operating
characteristics of the proposed use, and the conditiqns under which it would be
operated or maintained: will not be detrimental tothe public health, safety, or welfare,
or materially injurious to properties or improvements in ihe vicinity, nor be contrary to
the adopted General Plan;. and
I. That the proposed conditional uses will comply with each of the applicable provisions of
Section 17 48.070 of the Poway Municipal Code
Section 3' The City Couricil hereby.approves MCUP 03-002 for the construction of a new
lighted tennis court on a residential lot located on Cypress Point in the Heritage, Planned
Community zone, as shown on'the plans dated July 18, 2003, subject to the following
conditions:
A Approval of this MCUP shall apply only to the subject project and shall not waive
compliance with all'sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of Building Permit issuance.
B Within 30 days ofthe date of this approval: (1') the applicant shall submit in writing that
all conditions of approval have been read and understood; and, (2) the property owners
shall execute a Covenant Regarding Real Property
C The use conditionally granted bythis'approval shall not be conducted in sucti a manner
asIa interfere with the reasonable use and enjoyment of surrounding residential uses.
0 The conditions of MCUP 03-002 shall remain iri effect for the life of the subject tennis
court and tennis court lighting, and shall run w,ith the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
. .
10:1,8\6 Resolution No, P;.Q3-54
Page 3
,
i E. Prior to issuance of a Gn3ging Permit, the ~pplicant shall comply with the following:
!
, 1 A 'grading. plari fot the project shall' be prepared on a City of Powaystandard
mylar at a scale of 1"= 20', and submitted along with a Grading Permit
application and applicable fees to the Development Services Department,
Engineering Division, for review and: approval. A grading plan submittal
checklist isavailableatthe Engineering Division front counter As a minimum,
the gradingplah,shall showthe following:
a. All new slopes with a ma'ximum 2: 1 ,(horizontal to vertical),slope Tops
and toes of graded slopes shall be shown with a minim!-lm of 5~foot
setback frQfl19peD space areas 'and property lines. Buildings shall be
located atj),~ast 5 feet ftom tops,andtoesQfslopes, uniess waived by the
Planning pivision and/or the Engineering Elivision prior to issuance ota
Grading Permit.
b A separateerosi.on control plan for prevention of sedimentrun-off'during
construction.
c. All utilitresJ(proposedand existing), together with their appurtenances
and associated easements. Encroachments are not.permit!ed upon any
easement'without an approved Encroachment Agreement/Permit.
,
d. Locations of all utility boxes, clearly ider,ilified in coordination with the
respective, :t1tility companies, arid approved by the City prior to any
installation work.
e. Finish grade ,and finish surface elevations throughout the new tennis
court.
f. All drainage improvements for proper conveyance of site drainage from
the tennis court:
g, Top of wall and,bottom of wal\ ~Ieiiations for any new retaining w~lIs,
Retaining'walls shalloepart of'the:Grading Permit.
h. All c6mponentsof the tennis court/lighting installations,(i.e including
footings) are entirely outside the easemeht on-site.
i. A soils/geological report shall be prepared by anengirieer licensed by
the St.ats,of California to perform such work, and shall be submitted with
the grading plan.
j. A drainage study using the tOO-year storm frequeocy criteria shall be
submitted with the gradihg plan. The drainage system, shall be capable
ofhandlihg and disposing aWsurface water within the, project site and all
surface water flowing onto the project site from adjacent lands. Said
. .
10187' Resolution No P-03-54
- Page 4
system-shall include all' easements required to properly handle the
drainage, Concentrated flows across driveways are not permitted,
2. To insure compliance wiUi, the Clean Water Act, the applicant shall prepare 9
Storm Water Pollution Prevention Plan (SWf'PP)'that effeCtively addresses the
elimination ofnon:storm runoff into thestormdrain system, The SWPPP shall
include, but not be limited tO,an effeCtive method of hillside erosion and
sediment control, a desiltation ba.sin that has a capacity of 3,690 cubic feet
of storage per acre'drained, or designed,to remove fine silt for a 1 O~year; 6-,~our
storm event, a material storage site, measures to protect construction material
from being e)(posed to storm runoff, proteCtion of all storm drain inlets, on-site
cODc:rete truck Wash and waste control"andother means of Best Management
Practices to effectively eliminate pollu~aJlt~from entering the storm drain
system. The appli9antshall certify the SWPPP priorto approval ofthe grading
. '. .
.and improvem~nt pla:ns. The SWPPP may be incorporated with, the erosion
control plan, but' shall be under separate cover from the grading and
improvement plans.
3, The applicant shall pay all applicable engineering, plan checking; permit, and
inspection fees,
I
, 4 Gra(jing securities,in the form of a performance bond and acash deposit, or a
,
letter of credit shall be posted with the City A minimum $2,000 cash security is
required.
F Priorto issuance of a Building Permit, the applicant shall comply with the following:
1 The applicant ,shall comply with the latest adqpted Uniform Building Code,
NationaIElectric:Code; 9nd all other applicable;codesand ordinances in effect
at the time of Electi'ieallBLJilding Permit issuance.
2 The site shall. be developedin accordanceyliththe approved site plan,on file in
the Development Seryices Department and the conditions contaiQed herein.
Grading of the l<;It shall be in accordance with the Uniform Building ,Code, the
CiJy Grading Ordinance, the approved gracjing pta.n, the approved soils report,
andgradihg practices acceptable to t!1e City: All components of the tennis
court/lighting installatioris (i.e including footings) are entirely outside the
easement on-site
3 Etosion. control, including, but not limited to.,desiltation basins, using Best
Management Practices, shall be installecl;and maintained by thedeiteloper The
developer shall maintain all erosion:c6nttoi devices throughout construction of
the project
4 Rough grading of the tennis court pad is to be completed and shall meet the
approval of the City Inspector, including the submittal of thefoilowing:
. .
1018;8 .Resolution No P-03-54
I Page 5
a. A certification of Iihe and grade; prepared 'by the engineer of work.
i
b A final soil compaction report for review and approval by the City
5 Prior to start of any work wittiin City"heldieasements or right-ofcway, a Right-of-
WayPermit shall be o15taitied fromtheEngineering Division ofthe Development
Services Depai:tmerit. All appropriate fees shall be paid prior to permit
issuance
6, Pursuant to S'ection 1730.020.C of the P9way'Municipal Code, the applicant
shall submit Iighting;plans that reflect that the lighting will be shielded from the
adjacent properties to the satisfaction of the Director of Development Services.
7 PUrsuarit to Section 1:730 020,D of the poway Municipal 'Code, .the building
plans,shall depict;Jo the satisfactioh o,f the Director of Development Services,
that the surface ar~a of the court will be 'designed, painted; colored and/or
textured to redlJc~ the reflection from'any light falling on it.
8. Pursuant to Section 17 30 020 E of the P()y.'ay Municipal. Code, the building
plans shall depict" tothesatisfactioQ of the Director of Development Servi~e,~, "
- that thefencing,'support posts, light poles, and fixtures will be paihteg a;dark
, non-reflectivecoI6(so.as tOTeduce their overall-visibility Vinyl-cOated chain link
I fencing with fence arid light poles painted to match is acce'ptable,
9 Pursuant to Section 17 30020,F of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the\Director of Development Services,
that densescre~ning landscaping will be installed so as to soften the
appearancecjfthe'teriniS court fencing and,light poles.
10 The building plans shall depict, to the satisfaction of the Director of
Developmerit'Ser.v,ices,.thatlighling'iscOrl a.timer of limited duration, designed to
prevent the lights ftom accidentally being left on,
11 Tennis court fence/wall hoeight $hall not exceed 10Jeet as required by Section
17 30 of. thE!. Pow~lYMUriicipal Code: Fence/wall height is me~suredfrom the
finish~9gtade ofthecourt,surface. Light pole fixture height shall not exceed 18
feet.. Lighting fixtures.shallbea:maximljm of 1,OOOcwatt, high-pressure sodium
Iignting .fixtures as required by Sectiori17 30 andishall be maintained for the life
of the project.
G. Prior to o15t<:iining a firial inspectionon'the Building Permits, the applieantshall comply
with'the 'following:
1 the site shall be developed in accorda,l1<:ey.tith the approved plan on file in the
Development SE!rvices Departm~ritandtheconditions contained herein. A final
inspection from the appr6priate'City Departments will be required
. . . .
1018'9 Resolution No P-03"54
-, Page 6
2. Drainage facilities, slope landscaping and protec;tion m~asures, utilities, and
retaining walls shall be constrycted;cOmpleted, and inspected by the,
Engineering,lnspeCtor
3 An adequate drainage, system aroundthe,teonis,court pad capable of handling
and disposing, all surface water shall be provided to the satisfaction of the
Engineering Inspectot
4 The developer shall repair, to the satisfaction ofthe City Engineer"any and all
damages to the streets caused by construction activity from this project.
5 All proposed utilities within the project site.sha!1 be installed underground,
6. Record drawihg~,signed by the engineer of work, shall .be submitted t<?Jhe
Engineering Division prior toarequest.ofoccupancy, per secti9n 16 52.130B of
the Grading Ordinance Record drawings sh?" be submitted:in a manner to
allow the City adequate time for review and approval prior to issuance of
occupancyand,release of grading securities,
7 The applicant shall provide a certificatioo by a lighting contractor that all
~ lights and light fixtures have been designed, constructed, mOl:Jnted,. and
maintained ;such that the light source is cut' off when viewed from any point
above five feetme?~ured at ten feet from the edge of the court. :rhe lighting
contractorshall.certify that all IighUixtures have been designed, consttucted,
mounted light shields installed, and maintained such that the maximum
illumination intensity measured at the property lihe shall not exceed one-half-
foot candle above ambient light levels
8 Should tt;e lighting contractor not be able to c~rtify the inst~lIi3tion pursuant
to Condition .G.7o(this resolution, plans shall be submitted to the Planning'
Division demonsfrating modifications ofthefixtures and/or landscape screening,
and/or tennis, court fenc;e screening necessary to be able ,to meet said
requirements.',Up6napproval(ifany} and on installation of said measures, the
applicant shall: call for afollow-up final inspection,
9. Should the lighting contractor noLbe able to certify the installation pursuant to
Cqlj1ditions G:7 and G.8above, the. approval granted herein shall be revoked
arid the lighting fixtures' and Iight.poles sha.1I be removed.
H. Upon installation of the tennis court and tennis'court lights, pursuant to MCUP 03-002,
the following shall apply'
1 Pu(sui3nt4o Section 17 30 020C,3, the tennis court lighting shall be used only
,betwee(1 7 00 a,m. and to'OO p m.
" . .
.
1Gl90 Resoh..iti6n No. P- 03-54
Page?
2. Therequired landscaping has,been'installedbetween the tennis court fence and
the property line, and said landscaping shall be maintained in a flourishing
manner, to the satisfaction of the Director of Development Services.
3. The lightstahdardsate lirnited in number; size, height, and lightshields, Which
shall meettherequirements for shieldingthe light fixtures. The maximum height
of lights shall not exceed 18 feet from grade. The applicant shall comply with
the required maximum 1,0.00-watt, high-pressure sodium lighting .fixtures
p.ursuant to Section 17.20 020 G, and shall be maintained to the satisfaction of
the Director'of DeveJo'prnent Services.
Section 4 The approval of MCUP 03-002 shalL expire on September 2,2005, at 5'00 p m.
unless, prior to that time, a Bl'JildingPermit has been. issued, and constrl'Jction on the property
in reliance onthe MCUP approval has commenced prior to its expiration.
PASSED, ADOPTED and ApPROVED by the City Council of the City of Poway, State
of California, this2ndday'ofSeptember 2003
ATTEST
~~~ODA
Lori nne'Peoples, City Cle
,- , . .
. .
10191 Resolution No P- 03-54
Page 8
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, thaUhe foregoing Resolution No 03-54 , was duly adopt~d by the City
Council at a meeting of said City Council held on the 2nd day of September 2003, and that it
was so adopted by the followingcvote
AYES EMERY, GOLDBY, REXFORD, CAFAGNA
NOES. HIGGINSON
ABSTAIN: NONE
ABSENT NONE
C-'
,
Lori Anne Peoples, City CI
City of poway